New Hampshire Code of Administrative Rules
Lsa - Board of Landscape Architects
Chapter Lsa 400 - CONTINUED STATUS
Part Lsa 402 - DISCIPLINARY MATTERS
Section Lsa 402.03 - Civil Penalties
Universal Citation: NH Admin Rules Lsa 402.03
Current through Register No. 40, October 3, 2024
(a) Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines or penalties under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.
(b) When persons subject to the board's disciplinary authority are directed to pay fines in accordance with Lsa 402.02(d), such fines shall be assessed in accordance with the factors stated in Lsa 402.02 (e) and the following additional considerations:
(1) The cost of
any investigation or hearing conducted by the board; and
(2) The licensee's ability to pay a fine
assessed by the board.
(c) Administrative fines shall not exceed the following amounts:
(1) When no violation of
the same type has occurred within the 5 years preceding the board's notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $1,000.00
per offense whichever is greater;
(2) When a single disciplinary infraction of
the same type has occurred within the 5 years preceding the board's notice to
the respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00
per offense whichever is greater;
(3) When more than one disciplinary
infraction of the same type has occurred within the 5 years preceding the
board's notice to the respondent, the fine assessed shall not exceed $200.00
per day or $2,000.00 per offense whichever is greater; and
(4) In the case of continuing violations, a
separate fine shall be assessed or each day the violation continues, but the
total amount of the fine and the respondent's promptness and cooperativeness in
ceasing the prohibited conduct in question shall be considered in assessing the
daily fines. A single course of continuing conduct shall be treated as a single
violation for purposes of
Lsa
402.03 (c), (1), (2) and
(3).
#8861, eff 3-28-07
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